What is Medical Abandonment, and How Could it Affect Your License?

Physicians and other medical practitioners hold a unique position of trust and responsibility. Patients rely on this expertise and care, making any lapse in that duty a serious concern. One such breach of responsibility is medical abandonment or patient abandonment, a violation of the physician-patient relationship that has become more common in the healthcare industry in recent years.

A complaint of medical abandonment can have significant legal repercussions on one’s medical license. If you’re a healthcare provider in Texas, you need to understand what constitutes medical abandonment and how allegations of medical abandonment can impact your medical license. A medical license defense attorney at Lype Dest Smith can help assess your situation and assist you in defending your license.

What is Medical Abandonment?

Medical abandonment occurs when a healthcare provider unilaterally terminates the doctor-patient relationship without reasonable notice or sufficient opportunity for the patient to find alternative care. This abrupt cessation of care can leave the patient at risk, especially if they are in the middle of treatment or require ongoing medical attention. 

Medical abandonment or improper termination of the doctor-patient relationship typically includes some or all of the following elements:

• The termination was not properly communicated to the patient.
• The termination occurred when the patient required ongoing or urgent medical care.
• The patient was not given adequate notice of the termination or adequate time to find a new doctor.
• The patient was not instructed on how to obtain their medical records.
• The patient suffered harm as a result of the abandonment.

Medical abandonment can lead to legal action and disciplinary measures from the Texas Medical Board. If you face possible disciplinary action, immediately consult a medical board defense attorney.

How Can Medical Abandonment Affect Your License?

Medical abandonment is considered practice inconsistent with public health and welfare- a violation of Texas’s Medical Practice Act. If a patient files a complaint with the Texas Medical Board alleging medical abandonment, the Board will initiate an investigation. Depending on the findings, consequences may range from a formal reprimand to restriction of your medical license. 

The medical board considers several factors when determining the severity of the penalty, including:

• The extent of harm caused to the patient.
• The circumstances surrounding the abandonment.
• Record of prior complaints or disciplinary actions.

A finding of medical abandonment can also open the door to medical malpractice claims, further complicating the situation and potentially leading to significant financial liability. Providers must defend against abandonment claims to protect their professional license.

Defenses to Medical Abandonment

If accused of medical abandonment, you need to understand that there are circumstances that can mitigate a violation or provide a full defense. These may include:

• The patient repeatedly failed to follow medical advice or keep follow-up appointments.
• The patient was abusive or posed a threat to the safety of the provider or clinic staff.
• Proper steps were taken to notify the patient, provide adequate notice, and offer assistance finding alternative care prior to termination.
• The patient did not suffer any harm as a result of the termination of the doctor-patient relationship.
• The patient unilaterally ended the relationship or refused to follow the doctor’s advice.

If you are facing allegations of medical abandonment, you should contact a professional license defense attorney to assist you in preparing a comprehensive and knowledgeable defense.   

Consult a Texas Medical Board License Defense Attorney Today

Facing allegations of medical abandonment can be daunting and can have long-lasting effects on your career. If you face a complaint from the board, you need to act swiftly and seek legal representation to protect your license and livelihood. The Texas Medical Board license defense attorneys at Lype Dest Smith can explain the implications of a medical abandonment case and defend you against such claims. 

Call us today at (512) 881-3556 or contact us online to discuss your case and explore your options.

Betty Smith

Ms. Smith’s practice focuses on administrative and health care law with a primary emphasis on professional license defense. She has represented numerous clients before various state agencies including the Texas Board of Nursing, Texas Medical Board, Texas Department of Licensing and Regulation, and the Texas Real Estate Commission.

Years of experience: 7 years
Bar number: 24102510 (TX) & 36027 (LA)
Location: Austin, TX
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